Jovis, 5 die Decembris, 13° Car. Regis.
A BILL to enable John Coppleston Esquire to sell
Lands to pay his Debts, and to provide for Children, was this Day read the First time.
Resolved, That this Bill be read again, the Second time,
on this Day Sevennight.
Ordered, That the Chairman of the Committee for the
Fens lying in the County of Lincolne, and in the County
of the City of Lincolne, commonly called Linsey Levell,
to whom several Papers and Evidences concerning the said
Fens were, by Order of this House, delivered, and do now
remain sealed up in his Custody, shall open the same at
the Committee; and, after he hath taken a Schedule
thereof, shall permit either Party concerned to take Copies thereof, to peruse, and instruct their Counsel.
Privilege-Subpænaing a Member.
Resolved, That John Robinson, who served Mr. Crouch,
a Member of this House, with a Subpæna out of Chancery; and also John King, an Attorney, who employed
him therein; be apprehended, and taken into Custody,
by the Serjeant at Arms attending this House; to answer
their Breach of Privilege.
Resolved, That Thomas Holmes, and Andrew Ford his
Attorney, be apprehended, and taken into Custody by
the Serjeant at Arms attending this House; to answer
their Breach of Privilege, in causing the Servants of Sir
Courtney Poole, a Member of this House, to be arrested.
Mr. Steward reports from the Committee to whom the
Bill for confirming an Act for restoring the Earl of Arundell to the Dukedom of Norfolke was committed, an
Amendment to the said Bill: Which he read, with the
Coherence, in his Place; and delivered in at the Clerk's
Table: Which Amendment being F. 2. L. 2, 3, 4, after
the Word "April," leave out these Words, "and there
continued until the 29th Day of December then next following, and then dissolved;" the same was twice read.
Resolved, That this House doth agree to the said
Resolved, That the Bill, so amended, be ingrossed.
The Question being put, Whether the House will now
resume the Debate upon the Report of the Amendments
to the Ministers Bill;
It was resolved in the Affirmative.
And the First Proviso, reported to be added to the said
Bill, being, "And be it further Enacted, by the Authority
aforesaid, That the Act, intituled, An Act for the Confirming and Restoring of Ministers, is hereby ratified,
confirmed, and enacted, with these Additions, Alterations,
and Provisions following, and not otherwise; that is to
say, Be it Enacted, by the Authority aforesaid, That
the King's most Excellent Majesty, and all and every
Person and Persons, Bodies Politick or Corporate, within
this Realm, according to their respective Titles and Interests, may, at any time or times within the Space of
Six Kalendar Months, from the First of August in this
present Year 1661, present, nominate, or collate, their
respective Clerk or Clerks unto any Ecclesiastical Benefices, Livings, or Promotions, of their respective Patronages, or whereunto they, or their Predecessors, Ancestors,
or other Person or Persons, under whom they claim, had
Right or Title to present, nominate, or collate, any time
since the First of January 1642, and before the First of
July 1660; and that the said Presentees, or Persons so
presented, nominated, or collated, shall be thereunto
admitted, instituted, and inducted; any former Institution or Induction to the contrary notwithstanding; and
shall after have and enjoy, and sue for and recover, the
Possession, and from thenceforth take the whole and intire
Profits of the said Benefices, Livings, and Promotions;
and shall be accounted, and shall be full and perfect Incumbents of the same to all Intents and Purposes, as fully
and amply as if they had been presented and placed therein, within Six Months next after the First Avoidances;
notwithstanding any Lapse, or other Title by reason of
Lapse, incurred or devolved to his late Majesty; or to the
King's Majesty that now is; or to any Archbishop, Bishop,
or any other Person or Persons, Bodies Politick or Corporate; saving only where his Majesty hath presented
unto any Benefice, or Ecclesiastical Promotion, under the
Great Seal of England, between the First of May and the
Ninth of September 1660, any Minister legally ordained,
who hath constantly read in Parish Church the Book
of Common Prayers, according to the Rites and Constitutions of the Church of England, since the First of July
1660; or who was sequestered by any Authority, or
pretended Authority, derived from both or either Houses
of Parliament, since the First of January 1642; any
thing in this present Act, or in the Act, intituled, An Act
for the Confirming and Restoring of Ministers, or otherwise, to the contrary hereof in any wise notwithstanding;"
The Same was twice read.
Resolved, That the Word "February", in the Seventh
Line, be inserted instead of the Word "August".
And the same was accordingly amended at the Clerk's
Resolved, That this House doth agree to the said Addition, so amended.
And the Second Proviso, reported to be added to the
said Bill, being, "Provided always, and be it Enacted, That
neither the King's most Excellent Majesty, nor any Person
or Persons, Bodies Politic or Corporate, shall present,
nominate or collate, or have any Title so to do [pra hac
vice tantum], unto any Ecclesiastical Benefices, Livings,
or Promotions, whereunto they had Right or Title (pleno
jure) to present, nominate, or collate, at any time since
the First of January 1642, and before the First of July
1660, whereunto they, or any of them, or their Predecessors, Ancestors, or other Person or Persons, from whom
they claim, have already, since the last Avoidance, presented, nominated, or collated some Person or Minister,
who is in Possession, or hath Right to the same: And
every such Presentee, or Person so presented, nominated,
or collated, is hereby Enacted to have been, be, and continue, the perfect and lawful Incumbent of such Benefice,
Living, or Promotion, respectively, to all Intents and
Purposes; so as every such Presentee, or Person so presented, nominated, or collated, not being legally instituted
and inducted, do become legally instituted and inducted
according to the Constitutions of the Church of England,
into such his Benefice or Promotions, within Six Months
next after the First of August 1661: And every Archbishop
and Bishop respectively, and every Archdeacon, and
other Officer, is hereby impowered and required to grant
every such Person or Minister Institution and Induction
into such Benefice accordingly, upon such their First
Donation, Presentation, or Collation, made next after the
last legal Avoidance, if such Person or Minister, desiring
such Institution and Induction, do first bring before the
Archbishop or Bishop of his Diocese, respectively, good
and sufficient Testimony, that he was legally ordained
according to the Rites and Constitutions of the Church of
England, before the 25th Day of December 1660; and
presented, nominated, or collated, by the legal and rightful Patron or Patrons, unto such Benefice, Living, or Promotion, respectively; any thing in this Act, or in the
Act, intituled, An Act for the Confirming and Restoring
of Ministers, or otherwise, to the contrary notwithstanding:" The same was twice read.
Resolved, That the Month of "August" be struck out
therein; and the Word "February" inserted instead
Resolved, That the Word "legally" be struck out in
the said Proviso; and that the Words "according to the
Rites and Constitutions of the Church of England, before
the 25th Day of December 1660," be struck out: And
that there be inserted, instead thereof, these Words following; "by some Archbishop or Bishop of the Church
of England, Scotland, or Ireland, before the 20th of
Ordered, That the said Proviso be amended in these
Both which were accordingly done at the Clerk's
Resolved, upon the Question, That this House doth
agree to the said additional Proviso, so amended: And
that this and the former Proviso be made Part of the Bill.
Resolved, That the further Debate of the Matter upon
the further Amendments to the Bill concerning Ministers,
be adjourned; and taken into Consideration on Saturday
next, in the Morning.
Bills from Lords.
A Message from the Lords, by Sir Thomas Bennett and
Sir Toby Woolrich, Two of the Masters of Chancery;
Mr. Speaker, The Lords have commanded us to bring
you Two Bills; the one intituled, An Act for settling certain drained Grounds lying within the Level of Hatfeild
Chace, and Parts adjacent, within the Counties of Yorke,
Lincolne, and Nottingham; and the other intituled, An
Act for the Establishment of the Level of Fen Lands,
formerly drained by Sir Anthony Thomas Knight, deceased:
And desire the Concurrence of this House therein.
Ordered, That Mr. Speaker do send his Warrant to
the Clerk of the Crown, to make a Writ for a new Election of a Burgess for the Town of Northampton, instead
of Sir Charles Compton Knight, deceased.
And then this House adjourned till To-morrow
Morning, at Eight of the Clock.